Monday
Sep302013

Is there a culture of anti-Canadian, anti-immigrant attitudes among some U.S. Customs and Border Protection members?

Recent news articles discuss the attitude of U.S. Customs and Border Protection toward Canadian citizens at ports of entry:

Read article: "Nothing worse than a whiny Canadian..."

Read article: Watch: Lawsuit alleges U.S. guards discriminate against Canadians.

 

Friday
Sep132013

Unlawful Presence and Duration of Status (D/S)

QUESTION:  I am confused about my case. On 1 April 2003, I entered the US on an F1 visa. The border officer at the airport granted me admission for duration of status (D/S).  My college term started 1 May 2003. That was exactly 1 month after entering and enrolling into my college course. Due to my lack of interest in the study subject I discontinued going to classes a within month. That is, I attended classes for only a month.

Instead of departing from the US or changing the study subject, I decided to stay and took a job. After consulting an immigration lawyer I realized that the proper thing to do for me was to depart back to my country, which I did on the 19 August 2004. After I left the US for home (the Netherlands), I inquired myself of the consequences of my actions. I realized that I might have triggered the 3 or 10 year entry bar. I've never applied for a visa again, ever since, nor have I tried to enter the US/cross the border, since I have left. I know that if the 10 years bar applies to my case that would mean that by 19 August 2014, the entry bar should expire. But I am not sure of this since on the internet I have found information stating the difference between out-of-status and unlawful-presence and that D/S on an F1 student visa may have different meanings and consequences in comparison to other visa types.

Having granted D/S status on my F1 visa on 1 April 2003, but then having dropped out of school 1 to 2 months afterwards, followed by staying in the US until voluntarily departing back home on 9 August 2004, have I triggered any entry bar and if that's the case which of the two entry bar applies?


REPLY:  Thank you for your questions.  While I cannot provide you with advice specific to your case without first reviewing it in more detail, I have provided some general information below.

Individuals who are admitted to the U.S. as F1 students for the duration of status (“D/S”) do not begin to accumulate unlawful presence unless/until there is an official finding that the student has fallen out of status by either an Immigration Judge or U.S. Citizenship an Immigration Services (“USCIS”).  The act of dropping out of school alone does not begin the accumulation of unlawful presence. 

If an individual is subject to a formal finding that s/he has fallen out of F1 student status, the unlawful presence clock begins as of that finding.  If the individual departs the U.S. within six (6) months of the finding, s/he is not subject to a bar for unlawful presence.  If s/he departs the U.S. after six (6) months but before one (1) year after the finding, s/he is subject to the three (3)-year bar.  If s/he departs the U.S. more than one (1) year after the finding, the 10-year bar applies.

I hope this information is helpful. 

Tuesday
Jun182013

Do I have a 5-year bar to the U.S.?

QUESTION: Six months ago, I was asked to withdraw my application to enter the U.S. and my B1 visa was cancelled.  I was told to apply for a different visa.  Then, a month ago I received a job offer from a company in the U.S.  I applied for a TN visa, which I didn't get because I did not fulfill the necessary requirements and was told to apply for a different working visa.  My question is, do I have a 5 year bar? No one is telling me so.  I'm told to reapply for a different visa, but never that I'm inadmissible.

REPLY:  Thank you for your question.  While I cannot provide you with case-specific advice without first reviewing your case in detail, I can provide you with some general information that may be useful.

Permission to withdraw an application for admission does not, in itself, carry any bar to future admission.  In some instances, however, the individual granted permission to withdraw his/her application for admission is also charged with a ground of inadmissibility at the time of withdrawal and, therefore, may be inadmissible on such grounds (i.e., criminal grounds; unlawful presence; fraud).  Many grounds of inadmissibility carry with them a bar to admission for which a waiver is required (if available).   If the individual has been issued an order of expedited removal, which is different than a withdrawal of application for admission, then s/he is subject to a 5-year bar.

Click to read more ...

Wednesday
Feb062013

Do I need to reapply for the I-212 waiver?

QUESTION:  I am Canadian and was expedited removed from the U.S. and charged with fraud in 2010.  I later filed Form I-192 and Form I-212.  Both were approved.  Form I-192 was approved for one year and is expiring soon.  The Form I-212 approval letter does not have an expiration date. My question is, do I need to reapply for a new I-212 waiver in addition to a new I-192? 

REPLY: Thank you for your question.  You should not need to file a new I-212 application.  In most cases like yours, permission to reapply for admission is granted for the remainder of the period of inadmissibility.  Since you have been charged with fraud, you will require a nonimmigrant waiver [Form I-192] for life.  If you would like to discuss your case in more detail and receive a complete professional analysis, please do not hesitate to contact me

Wednesday
Jan302013

New Report on Border Patrol Practices in Upstate New York

A new report from Families for Freedom in collaboration with New York University (NYU) Immigrant Rights Clinic entitled, “Uncovering USBP: Bonus Programs for United States Border Patrol Agents and the Arrest of Lawfully Present Individuals” reveals crucial information about the incentives and consequences of USBP practices. Using detailed new data from the USBP station in Rochester, New York and the Buffalo Sector that were obtained through a Freedom of Information lawsuit, the report reveals the existence of various incentive programs provided to Border Patrol agents in their quest to apprehend individuals of color, many of whom have legal status. The report also documents the broad array of persons with lawful status who suffer at the hands of USBP.

The report is available for dowload at: http://familiesforfreedom.org/.